private background search company divulged expunged records to potential employer

[dve4432]

I am from Georgia, just a 15 minutes south from Atlanta. I applied for a job that I worked very hard to get. Long story short they call me back all of a sudden and say it's a no-go. I was asked to check a box saying whether or not I have ever been arrested. I have infact been arrested, but it was dismissed, and expunged. I checked no, because my privacy is protected under this expungement. I have had many background searches and nothing has ever come up. Now all of a sudden a private company contracted to background searches finds the case information, and discloses it to the company.

my privacy is protected under this expungement, and I am not required to disclose any information regarding it. I looked up the codes regarding this matter and it states that the record can only be disclosed to a judicial official or law enforcement for the purposes of a criminal investigation. It is not to accessed by a third party for any reason. I have no clue how this company obtained this information- even the GBI expunged it. So right now I am considering my options. Have to talk to my attorney Monday. Does anyone have any helpful information? What are your thoughts?

 

[cyjeff]

I am from Georgia, just a 15 minutes south from Atlanta. I applied for a job that I worked very hard to get. Long story short they call me back all of a sudden and say it's a no-go. I was asked to check a box saying whether or not I have ever been arrested. I have infact been arrested, but it was dismissed, and expunged. I checked no, because my privacy is protected under this expungement. I have had many background searches and nothing has ever come up. Now all of a sudden a private company contracted to background searches finds the case information, and discloses it to the company.

my privacy is protected under this expungement, and I am not required to disclose any information regarding it. I looked up the codes regarding this matter and it states that the record can only be disclosed to a judicial official or law enforcement for the purposes of a criminal investigation. It is not to accessed by a third party for any reason. I have no clue how this company obtained this information- even the GBI expunged it. So right now I am considering my options. Have to talk to my attorney Monday. Does anyone have any helpful information? What are your thoughts?

Where did they find the record?

If, for instance, it could be found on Google, then it is not outside the realm of belief to think that the background company "googled" you... and most do.

 

[dve4432]

apparently they pulled it from court records. Doesn't matter though. My rights were violated. period.

 

[cyjeff]

apparently they pulled it from court records. Doesn't matter though. My rights were violated. period.

Actually, it does matter.

If your arrest was, say, part of a newspaper story, that would not be covered by the expungement... because you can't put that genie back into the bottle.

Did you tell the employer that it was dismissed and expunged?

 

[dve4432]

hb511_LC_29_3706_a_2.html

It was expunged. I doubt this company saves newspaper clippings from a small town outside of atlanta from back in 2004.

the information is not to be disclosed to third parties.

 

[dve4432]

oh yeah almost forgot. I submitted the paperwork to both the employer and the background search company. so they know it was expunged and not to be liberated.

 

[cyjeff]

Have you googled your own name?

 

[cyjeff]

Oh, and it depends on the job...

Not all background checks are created equal... FBI level checks, for instance, would still see it.